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VW Environmental Mitigation Trust Fund

In September 2015, Volkswagen admitted it secretly manufactured and installed illegal defeat devices in almost 500,000 diesel vehicles. As a result, these vehicles emitted nitrogen oxides (“NOx”) up to 40 times the EPA-permitted limits. On Oct. 25, 2016, a judge in the United States District Court for the Northern District of California approved an Amended Partial Consent Decree that, among other things, will create a $2.7 billion “Environmental Mitigation Trust” to fund projects to reduce emissions of NOx. A second settlement, approved in May 2017, adds $225 million to the trust. This money will be allocated to the states based roughly upon the number of diesel vehicles sold in each respective state. For instance, Indiana’s allocated share will be about $40.9 million, Ohio’s allocated share will be about $75.3M and Illinois’ allocated share will be about $108.7M. The purpose of these funds is to reduce NOx emissions from diesel engines through engine and vehicle replacements and associated infrastructure projects. Thus, this program applies to any eligible diesel vehicle or engine, not just those manufactured by Volkswagen. On March 15, 2017, the court appointed Wilmington Trust, N.A. as Trustee of the Environmental Mitigation Trust, and Wilmington Trust filed the final trust agreements on Oct. 2, 2017.

Below are relevant documents, articles and website links pertaining to the VW Environmental Mitigation Trust Fund. If you have any questions or would like to suggest that something be added to this page, please contact Don Snemis at 317-236-2341 or
Wilmington Trust
Indiana Beneficiary Mitigation Plan
Ohio Beneficiary Mitigation Plan

Court Documents
Articles and Publications
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This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.
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Donald M. Snemis
Partner | Indianapolis

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